Garcia v. Colorado
Annotate this CaseThe Colorado Court of Appeals affirmed Nicholas Garcia, Jr's conviction for second degree kidnapping. The issue this case presented for the Colorado Supreme Court's review centered on whether the trial court erred by instructing the jury that the phrase “seizes and carries,” as used in the second degree kidnapping statute, 18-3-302(1), C.R.S. (2021), meant “any movement, however short in distance.” Because the trial court’s instruction allowed the jury to convict Garcia without finding that he seized the victim or moved the victim from “one place to another” as required by the statute, the Supreme Court held that the trial court committed reversible error. Accordingly, judgment was reversed and the matter remanded with directions to remand to the trial court for a new trial.
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